Lok Sabha elections 2024: Is polling day a ‘paid holiday’ for employees? What the Constitution of India states

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Moneycontol. “The employer must grant a paid holiday to all eligible employees on the day of the election. They must ensure that there is no deduction or abatement of wages," Moneycontrol quoted Partner at RR Legal, Abhishek Awasthi as saying.

Advocate-On-Record at the Supreme Court of India, Rishi Sehgal said that this provision applies to both public and private organisations. Paid holidays must be granted to daily wage labourers and casual employees as well, as per the law. Moreover, it is important to note that this rule also extends to employees ordinarily resident in the constituency where the election is being held, but are employed outside it, as quoted by the advocate.

For instance, if a voter hails from Mumbai but is employed in Chennai, the voter is entitled to a holiday on the day of the elections in Mumbai. The employee can approach the ECI or the authority designated by it in case an employer does not grant paid holiday on polling day, “Employees facing such issues can report the violation to the Election Commission of India or the State Election Commission," Moneycontol quoted Senior Associate at SKV Law Offices, Anant Singh Ubeja as saying. The official further pointed out that the ECI is entitled to conduct an enquiry on receiving the complaint.

As per the RP Act a penalty of ₹500 will be imposed on the violator. Depending on the case, the ECI can also file FIRs under the Indian Penal Code for violating the order of public authority. However, no paid holiday needs to be provided to employees engaged in a nature of work where the absence of employees poses danger or causes substantial loss to the employer.